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The shooting of Justin: Victim shot in neck angered by 2-year sentence for his attackers

The two young men who shot Justin Ling-Leblanc through the neck in October 2011 during a drug deal were sentenced this week. They were each sentenced to serve two more years, which could be reduced with good behaviour.

More than two years after he was shot through the neck and left for dead in a North York parking lot, Justin Ling-Leblanc’s attackers have finally been sentenced.

After accounting for pretrial custody, the two young men found guilty of armed robbery and aggravated assault will each serve two more years. With good behaviour they could walk free in the spring of 2015.

“Two years, that’s nothing. If that’s the consequence of shooting somebody in the neck, why not go out and do it some more?” said Justin, 23, who miraculously survived after the .22-calibre bullet went in below his left ear, travelled in front of his spinal cord, and behind his jugular veins and carotid arteries before exiting the other side.

It’s what police call a “through-and-through.”

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The point-blank shooting of Justin was the subject of a three-part series that was published in the Star in September. Police charged Daquan Dawkins, 18 at the time, and a 17-year-old youth with attempted murder stemming from the October 2011 drug deal ripoff. Both had had a previous run-in with police.

The charges were later downgraded partly because Justin did not see which of the two teens pulled the trigger.

There were two trials, one for the 17-year-old, a youth under the law, and one for Daquan in adult court. In both cases, the judges found the gun likely went off accidentally while in Daquan’s hand and as he brawled with Justin.

In prior articles, the 17-year-old’s name was changed to protect his identity, as required by the youth criminal law. Last week, however, the youth was sentenced as an adult, so he can now be named: he is Henrico Lawson.

Daquan was sentenced Tuesday. After the judge gave her reasons for the two-year term — among them, she worried that a lengthy prison stay would make Daquan a “hardened criminal” — the prosecutor was disappointed.

“Given the prevalence of gun crime in Toronto, we felt that eight to 10 years in jail would be the appropriate sentence to reflect the seriousness of the offence,” said Derek Ishak. “This is much less than what we argued for.”

After deducting the pretrial custody, Ishak’s proposed sentence would have resulted in five to seven more years of jail for Daquan compared to the two years handed down by Justice Janet Wilson. Similarly, the prosecutor in Henrico’s case unsuccessfully sought a stiffer sentence.

Each year, Toronto police investigate more than 200 shootings that drain both the justice system and hospital resources. Police seize crime guns, increasingly from teenagers, at a rate of two to three per day.

In a city pocked by gun violence, this case was, Henrico’s lawyer said, “a dime a dozen.”

Tuesday, though Justice Wilson noted the “problem” and “prevalence” of gun crime and said “deterrence and denunciation” are primary goals of such a sentence, she added the court should also aim to rehabilitate Daquan. After his jail term, Daquan will serve three years probation and must perform 240 hours of community service. Henrico will also serve three years probation upon release and must perform 240 hours of community service.

“That’s not really a deterrent,” Justin said of the sentences. “The message it sends: Go ahead and shoot people in the neck. You’ll get less than two years, and in less than two years you’ll be back in the neighbourhood. That’s a good deal for them.”

Daquan’s aunt Sandra Senior told the Star the punishment is fit. “I think it’s enough time,” she said. “We love him and he has our full support. We know he was in the wrong crowd.”

The following account of what happened in October 2011 is derived from trial testimony, interviews and police records.

At the time of the shooting, Justin was a York University psychology student trying to make some extra money selling marijuana. He was a small-time dealer. He sold to close friends and others recommended by those friends. Henrico was one such trusted referral.

Around 5 p.m. on Oct. 18, 2011, Justin went to a townhouse complex parking lot to sell a quarter pound of weed to Henrico, who was a dealer himself.

Justin had strolled without suspicion into a world of deceit, disloyalty and sudden violence. He felt safe. He grew up in a quiet, groomed suburban neighbourhood. A stable family, a childhood of home-cooked meals, Hardy Boys novels, hockey and video games.

When Henrico robbed him of the weed at gunpoint, Justin refused to believe the gun was real. He smirked at the small weapon and said, “Oh, that’s a nice toy gun.”

When Daquan showed up as the “muscle,” Justin tried to leave. He got in his car, then Daquan struck Justin with something metallic — possibly the handgun — while Henrico snatched Justin’s keys from the ignition. Daquan yanked Justin from the driver’s seat and they brawled.

Then Justin was on his butt, blood on his ripped T-shirt and pants. He heard no bang. He saw no flash. He thought he’d been floored by a “wicked punch.” Justin saw the two teens running away, got up and found his car key in a nearby patch of grass.

After the two teens fled, Justin got in his car and merged onto the DVP, the exit wound in his neck making a gurgling noise. He thought it was a superficial wound. He thought he had been shot with a BB gun. He headed to a friend’s apartment. His friend convinced him to go to Sunnybrook hospital.

As Justin pulled down his sweatshirt collar to show the admitting nurse the wound, the bullet, which had lodged in his right shoulder, fell to the floor. He was rushed into surgery.

Anything bigger or faster than the lead .22 would likely have paralyzed or killed Justin. A 9-mm or .45-calibre handgun delivers a higher-velocity bullet that would have entered his neck and sent shock waves causing greater damage to surrounding tissue and bone.

Justin was not charged with any offence related to his drug dealing.

After surgery, he identified his attackers. After his recovery, he stopped peddling weed and completed his psychology degree.

Justin was impressed by the “calm and cool” doctors at Sunnybrook hospital who saved his life. He began studying for the MCAT, a medical school entrance exam. He took the test this past spring and scored in the 95th percentile. He has applied to several medical schools.

Meanwhile, Henrico told the court he was “truly sorry” for what he did and that he never meant to hurt anyone. A probation officer reported to the court that Henrico is “open, honest, mature” and “polite, insightful and engaging.”

While in pretrial custody, Henrico earned his high school diploma and is now in college-level classes.

Daquan has spent his time in adult jails, where, the judge said, there are “deplorable living conditions with no programs and few freedoms.”

Numerous courtroom delays prolonged the trials and frustrated Justin. After Henrico and Daquan finally received their punishment, he said of the sentences:

“None of it speaks to a victim’s sense of justice. When victims do not get just retribution, they lose faith and the system loses legitimacy in their eyes.

“And now I have to worry about these guys coming out earlier than expected. But what can I do?

“I am putting all of this behind me and doing everything in my power to avoid being put in this kind of situation again. I learned my lesson. And I hope for the rest of society that those two louts learn theirs.”

Before sentencing, both Henrico and Daquan had served about two years in pretrial custody. If released in the spring of 2015, the two will have spent a total of three-and-a-half years in jail.

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